Burks v. Kijakazi
| Odessia Burks |
| Kilolo Kijakazi |
| 2:2023cv08439 |
| November 14, 2023 |
| US District Court for the Eastern District of New York |
| Nusrat Jahan Choudhury |
| Social Security: RSI Tax Suits |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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SCHEDULING ORDER Plaintiff filed this complaint on November 14, 2023. The parties are directed to adhere to the following procedure: Defendant shall promptly obtain the administrative record of the proceedings below and assert any affirmative defenses, and file these no later than February 19, 2024. This will constitute Defendant's answer. Plaintiff shall then file and serve its motion for judgment on the pleadings no later than March 19, 2024, or 30 days after Defendant has filed its answer, whichever is earlier. Defendant shall file and serve its response no later than April 18, 2024, or 30 days after Plaintiff has filed its motion, whichever is earlier. Plaintiff shall file and serve its reply, if any, no later than May 5, 2024, or 14 days after Defendant has filed its response, whichever is earlier. The parties are reminded that any assertions of fact in their legal memoranda must include citations to the administrative record. The parties are also reminded that all briefs must comply with the page limitations set forth in this Court's Individual Rules. Ordered by Judge Nusrat J. Choudhury on 12/20/2023. (DE)
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| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (DM) |
| Case Reassigned to Judge Nusrat Jahan Choudhury. Magistrate Judge Anne Y. Shields no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AC) |
| Filing 3 NOTICE of Appearance by Anne M Zeigler on behalf of Kilolo Kijakazi (aty to be noticed) (Zeigler, Anne) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL) |
| Notice: Social Security Case Service. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office of the case.No summons shall issue. Kilolo Kijakazi served on 11/14/2023, answer due 1/15/2024. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) |
| Filing 1 COMPLAINT against Kilolo Kijakazi filing fee $ 402, receipt number ANYEDC-17281461 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Odessia Burks. (Attachments: #1 Civil Cover Sheet) (DeHaan, John) Modified on 11/14/2023 (CL). |
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| Plaintiff: Odessia Burks | |
| Represented By: | John W. DeHaan |
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| Defendant: Kilolo Kijakazi | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Anne M Zeigler |
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